Possible DWI Defenses

DWI lawyer Fairfax VA  

If you’ve been charged with DWI, it’s possible that an experienced DWI lawyer will be able to craft a strong defense in your favor. The defense that will work best for each case will depend highly on circumstantial factors. Here are some of the more common defenses that DWI lawyers use to defend their clients.

Problems Relating to Arrest Procedures

Firstly, whenever a police officer arrests someone for committing a crime, they must have a strong reason for doing so. This is called probable cause. An officer must first have a probable cause for pulling over a driver, and in order to arrest the driver on a DWI charge, they must have probable cause that the driver is breaking the law by driving under the influence.

Another concern is whether or not the police officer read your Miranda rights. This refers to a short statement that all police officers must recite to anyone they arrest and it explains the rights that someone has while in police custody. A shocking number of arrests occur without the police officer stating these rights. Failure to state someone’s Miranda rights could result in the entire case being thrown out in court. Before all else, your Fairfax, VA DWI lawyer will likely want to make sure that you were read your rights.

Problems Relating to Field Sobriety Tests

Most police officers initially base a DWI charge on their own observations — things like smelling alcohol in the car or hearing the driver slurring their words. Based on these observations, a police officer could ask the driver to take a field sobriety test, such as standing on one leg or walking in a straight line. These tests are fairly subjective. It’s easy to see how a police officer’s personal biases might affect how they view someone else.

Problems Relating to the Administration and Accuracy of a Chemical Test

This defense is admittedly one of the tougher ones to use, but in some cases, these defenses are very valid. Sometimes the police officer administering the breathalyzer test or the technician administering the urine/blood test did not perform it correctly. This can lead to inaccurate test results that might get thrown out in court. Additionally, certain factors might affect the accuracy of a test (especially a breathalyzer test). For example, there are certain foods and medications that can produce false positive results simply because their chemical compounds are similar to those in alcohol.

Additional Defense Strategies

There are a few ways that a defendant can actively provide evidence to show that they were not guilty of the charges. In some cases, defendants have witnesses who can offer testimonies that differ from the police officer’s. Many DWI cases depend on testimony from the officer who conducted the arrest, and putting this testimony into question could help the defense. Another approach is to show that your appearance and demeanor were the results of other factors and not the result of alcohol. Fatigue, for example, can cause symptoms in some people that mimic the effects of drugs and alcohol.

If you’re facing DWI charges, it’s recommended that you consult with a DWI lawyer Fairfax VA clients recommend to determine which defenses may be applicable in your situation.